Monday, September 17, 2012

A recent post-Koken trial Order of note was issued by Judge Michael T. Vough of the Luzerne County Court of Common Pleas in the case of Borthwick v. Webb, No. 2735-Civil-2010 (C.P. Luz. Co.Sept. 7, 2012 Vough, J.).

In this post-Koken matter, the case was set to proceed to trial against both the tortfeasor Defendant driver and the UIM carrier.The UIM carrier filed a Motion with the Court requesting that the case proceed with the trial as a tort action and allowing GEICO to be a silent Defendant and precluding all evidence of insurance during the course of the trial.

In response, Judge Vough took a middle position and ruled that “Plaintiff is limited to informing the jury that he had an underinsured policy with Defendant, GEICO Insurance Company. There shall be no other evidence presented to the jury regarding insurance.”

Judge Vough otherwise ordered that GEICO Insurance Company was to appear in the case as a named Defendant and an active participant.

The court also ruled that the insurance company’s Motion In Limine to preclude any reference to a bad faith count in the Complaint was granted in light of the fact that that portion of the claim had been stayed.

Anyone desiring a copy of the Court’s Orders in this regard may contact me in this regard at dancummins@comcast.net.

I send thanks to Attorney Cindie Banks, GEICO in-house counsel, for providing me with a copy of these Orders.

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